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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9142326F®rt Collins Date: 04/25/2014 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 PURCHASE ORDER PO Number I Page 9142326 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 04/25/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price EHO Grant Agreement 1 LOT LS 20,000.00 3D Printing City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEITIIS. Tax exemptions, By statute the City of Fort Collins is exempt fmm state and local Was. Our Exemption Number is H- NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60(1 is registered with the Collector of Failure of the Purchaser to insist upon strip paformanm of the lamas and conditions hamo, failure or delay to Internal Revenue, Denver, Culoosdo (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval efthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any that of the damage in transit, any be returned to you for credit and are not to be replaced except upon receipt of written purchaser to gives, upon strict performance baeofar any of its rights or remedies as many such Funds, regardless instructions from the City of Pon Collim. of when shipped, received or accepted, as to any prior or sudeasque t default hereunder, tar shall any puryamed am[ modification or rescission of this purchase maker by the Parchmef operate u a waiver of any of the morns Inspection. GOODS are subject to the City of Fan Collins impaction an owners. hereof Final Acceptance. Receipt of the merchandise, scut or equipment in m ome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Calling. Hower, it is to M understood the, FINAL Seller and the Purshave, recognize dart in actual u mic positive, overcharges resulting train antitrustACCEPTANCE ACCEPTANCE a, dependent upon completion ofall applicable requital inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as romidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have of hereafter Tomblin Terms. Shipments most be CON, City of Pon Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antimun laws for such overcharges relating to the particular goods or services otherwise specified on his order. If perrnisaion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase offer. bill mind recommit, invoice. Additional charges for parkins, will not be accented. Shipment Distance. Where manufacturers have distributing points in vannestas pars of the country, shipment is expected home the nearest distribution Perot to destination, and excess freight will be, Jedu mat fmm Invoice when shipments are made Gom greater distance. Permits. Seller shall procurt at sellers sole cast all summary parties, certificmes and licenses required by all applicable laws, regulations, ordinances and roles of me state, msnicipaliy, tamtory or political subdivision where the work is pafrmed, or required by any other duly constituted public authonry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules ands r in mmus. Ammunition. All ponies to this contract agree that the repreunstive are, in fact, From fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mrmr, end rot Mine. stated herein set forth and any supplementary or additional mount and conditions amexed hamo or inempomted herein by reference. Any additional of different more, and conditions proposed by seller ate objected to and hereby rejemed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to entry an your promised delivery date as noted. Time is of the creamy. Delivery and patermance must be effected within the time stated an the purchase order and the documents attached herb. No acs of the Purchasers indudmg, without limitation acceptance of paniol lute delivmes, shall operate ns a waiver, of this provision. In the ream army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this offer elsewhem and holding foe Seller liable fo, damages. Howc,er, the Seller shall at be liable for damages as a remit of delays due to rue con ..My fotexeeable which are beyond is reasowble control and without is fault infra disance, such acs of God, acts ofcivil or military mrhodtica, governmental prionties, fares, stakes, flood, epidemics wars or nos provided that notice of the conditions causing such delay is given to the purchaser within five (5) days of the time when the Seller first meived knowledge thereof In the event of any such delay, the dale of delivery shall be extended for the period agtol to the time acardly lost by reason i fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable doswin,a, specifications, samples muter other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted smndards for work of a 'mite mture. The Seller agrees m held the purchaser bawler, from any loss, dvwge or expense which the Pardoner may suffer or item on around of the Sellers breach of warranty. The SAIa shall replace, repaireamake good, without cos, or the Purchase, any defers or faults arising within are (1) year m within such ]anger Permit of time as maybe prescribed by law or by the tents army applicable warranty provided by the Seller ada the dam of acceptance ofthe goods furnished hereunder (acceptance not to be mrsommmvbly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or We of goods by the Pumhuer shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order the Sellers liability to remnder shall extend to at damages proximately caused by me brooch of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terns by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Pmcharer may make any changes to the Was. other thin legal mum, including additions to or deletions Gom five quantities originally ordered in the specifications ar drawings, by venal or wduen change order If any such change affects the mmounl due or the time ofperlormmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Trombones may at any time by written change order, mnninate this agreement u to any or all portions of the goods then not shipped, subject to any equitable adjuration, between the panic as to any work or romma s then in progress provided that the Purchme shall not be liable for any claims for anticipsted pmfu an the uncompleted portion of the good andlor work, for incidental or amusements] damages, and that no such adjustment be, made in favor afire Sella with respect b my goods which are the Sellers mankind stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to my goods delivered bereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold here=der shall have been produced, said, delivered and fum¢hM in snit compliance with all applicable laws anal regulations m which the goods are sobject. The Seller shall execute and deliver such documents as may be required m effect or evidence cam,fizin . All laws and regulations required to be reorpomted in agmmenu of this char owner are hereby incorporated herein by $is reference. The Sella agrees m indemnify and hold the Purchaser hated. from all cats and damages span l by the Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall It,, trinsfeq or convey this order, in any monies due or to became due hereunder without the prior written moment of me the, pony. 10. TITLE. The Seller warmers full, clmr and unrestricted tine to the Purchaser for all equipment, matmals, and items fivaished in pordernmence of this agreement, f and clear of my add all tram, restriedons reaetions, meanly interest encumbrances and claims ofabbers 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to carrecr nonconforming or defective goads by a doe to be agreed upon by the Pumhuer and the Seller, and the Seller thetcafler indicates is inability or unwillingness to comply, the Purchase may cause she work or be performed by the most expeditious means mailable to it, and the Seller shall pay all emu assacuted with such work. The Seller shall release the Purchaser and its commcrarn of any tier fmm all liability and claims of any nature resulting four the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend ht the directors, officers and employees ofsech party. The Seller's conI..] obligations, including warmmy, shall trot be domed to be ferried, in any way, because such work is performed o, caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to we any design, device, material or process cmereJ by Imo, patent, trademark or copyright, the Seller shall indemnify and save harml¢s the Purchua from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expanse or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, ar any pan thereof or the Intended use of the goads, Is In such suit held to cousnmte infringement and the me of mid equipment or pan is enjoined, the Scllcr shall, at its own es,. and at is option eithe procure for the Purchaser fire fight to continue using said equipment or pans, replace the same with substantially equal but ..infringing equipment, or modify in so n baoma noninfringiii, 15. WSOLVENCY. If the Seller shall become Wilson, or baNmp, make an aco,or mar for the benefit of creditors, appoint a receiver or lemme for any of the Sellers property of business, this order may forthwith be canceled by the Purchme without liability. 16. GOVERNING LAW. The definitions ofterms moral or the interpretation of the agreement and the rights of all parties hereunder shall be mnstrued under and p o mod by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where far Seller Is m perform work hereuode, including the sayers of Sellers Repreunta suit), on fhe premises fothers. 10. SELLERS RESPONSIBILITY. The Seller shall carry, on said work in Seller's own risk aril me same u fully completed and accepted, and shall, in rose of any accident, destruction or injury m the work ardor materials before Sellers Beal completion and acceptance, complete the work of Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, =load, a ere and handle more at the site end become responsible therefor as though such materials anNor equipment were being furnished by the Seller under the offer. 18. INSURANCE. The Seller shall, of has own expense, Provide far she payment of workers compensation, including occupatmaked disease weefim, m its employees employed on or in connection with the work covered by this purchase order, mNor to their dependrnu in accordance with the laws of the slide in which the some is m be done. The Seller shall also carry compothersive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of of least 5300,000 for any one Panama Must," for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his o anamrs, if any, or provide far such compensation and inue. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a renifcate that such compensation and immosnce have been provided Such cenificates shall specify the data when such compemmion and Insumare have ban provided. Such ttnifiram, shall specify, the date when such compemali= and insurance expires. The Sella agrees that such compensation and insurance shall be mainmimd until one me .,an work is completed am accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire mponsibiliry and liability for any arad all damage, lass or injury army kind or nature whatsoever to persons or property caused by or resulting firm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmles the Purchaser and any r all of the Purchases offii agents and employees front and against any and all claims, losses, damages, charge or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may be, put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or co.I.e. oflier., agents or cmployam In sou any it or other proceedings shall be bought against the Purchase, or its officers, agents or employees at my time on account or by moon of any ac, action, neglect, omission or default of the Seller of any of his contractors or my of its or their offices, agars or employees as aforesaid, the Sella hereby agrees to assume the de a sse, thereof and to defend the same at ma Sellers own expense,,a pay any and all casts, charges, attorneys fees zed other e.,., any and all judgments that may ba incurred by or obtained against the Purchaser or my of is or their of rut, agents or employes in such suits or other proceedings, and in case judgment or office lien be placed upon or obtained against the pmpmy of the Purchase, or said parties in or u a result ofsuch suits or other proreedoup, the Seller will at once cause the same to be dissolved and discharged by giving Fund or otherwise. The Seller and his tan owtors shall take all safety precautions, famish and install all gards necessary for me pammmion of accidents, comply with all laws and regulations wiN regard to safety including, but without limitation, the Occupational Safety and Hmlth Act of 1970 and all reles and splations issued pursuant therms. Revised 03Q010